This CLE webinar will discuss the Department of Labor’s new guidance regarding independent contractor classification, following the 2017 withdrawal of the DOL’s 2015 Administrative Interpretation on independent contractors. Our panelists will discuss the most recent guidance and provide valuable insight in its application given the limited direction provided by the DOL.

Description

In June 2017, Secretary Acosta withdrew the DOL’s prior guidance on independent contractors. Since then, employers around the country have been on unsteady footing when determining whether a worker should be classified as an employee or an independent contractor.

On July 13, 2018, the DOL issued Field Assistance Bulletin (FAB) 2018-4, which serves to provide employers with a view into what factors the DOL now deems essential in determining whether a worker is an “employee” or an “independent contractor.” The bulletin also applies these factors to a detailed example featuring healthcare registries, an industry which has been at the forefront of this issue.

The FAB provides sought-after and specific guidance on how to structure independent contractor relationships in the caregiver registry industry, but also more generally, it signals the DOL’s return to the traditional, multi-factor balancing test to determine independent contractor status, with a primary focus on control of the worker.

Listen as our distinguished panel discusses what this new guidance means for employers across various industries, as well as best practices for employment counsel when advising clients on classification issues, and a discussion of what questions remain unanswered by this FAB.

Faculty

Ms. Barnett focuses her practice on employment matters and she has represented clients of all sizes, including...
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Ms. Barnett focuses her practice on employment matters and she has represented clients of all sizes, including start-ups and large Fortune 50 companies. Ms. Barnett prides herself on providing sound and cutting edge legal strategies that consistently focus on the client’s bottom line as they navigate the complex labyrinth of California and federal employment regulations. She has represented employers in single plaintiff and class actions and also regularly counsels employers regarding compliance with wage and hour laws, exempt and non-exempt classification, independent contractor status, founder disputes, workforce reductions, discrimination claims, workplace investigations, employment policies, and risk management regarding potential litigation.

Mr. Duke advises and represents regional, national and international employers across the spectrum of industries in the...
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Mr. Duke advises and represents regional, national and international employers across the spectrum of industries in the full panoply of labor and employment matters. In addition to advising employers on such union-related concerns as organizing campaigns, collective bargaining, and strikes, he also defends employers in representation and unfair labor practice cases before the NLRB, handles labor issues in the federal courts, and has tried dozens of labor arbitrations. Mr. Duke also represents employers before federal and state trial and appellate courts in single plaintiff, complex class/collective action employment litigation, and noncompete and trade secret litigation.

Mr. McDaniel advises employers with respect to the full range of employment issues, including discrimination claims,...
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Mr. McDaniel advises employers with respect to the full range of employment issues, including discrimination claims, compliance with federal and state employment laws, various specialized employment agreements, and wage and hour disputes. He works intimately with employers and helps to implement preventative strategies that preclude small problems from growing into large problems. Through appropriate training and compliance, Mr. McDaniel aims to ensure his client’s business objectives are surpassed.

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$297

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